Unit 5- Divisions Of Law

Question 1

Main divisions of South African law

Answer 1

• public law

- private law

Question 2

Public law

Answer 2

• regulates relationships that are concerned with public interests
• deals with the relationship between the state and the subject of the state (citizen)

Question 3

Private law

Answer 3

• deals with the relationship between the individual and another individual

Question 4

Divisions of public law

Answer 4

1. Public international law - concerned with relations between states
2. Constitutional law- concerned with the institution of the state and its organization. It governs the powers of the organs of the state
3. Administrative law- controls administration of state in general. Ensures power isn’t abused
4. Criminal law- states which acts are crimes ask me something? What the penalties are
5. Law of procedure-
   a) law of civil procedure: certain process by which private law disputes are brought before the courts.
   b) law or criminal procedure: way in which suspect is tried and prosecuted
   c) law of evidence: how evidence must be presented before the court

Question 5

The divisions of private law

Answer 5

1. Law of persons- concerned with persons as subjects of the law, a legal subjects beginning, status and end.
2. Family law- legal relationships between spouses, parents and children. Governs marriage and consequences and relationships within family.
3. Law of personality- concerned with personality rights (right to body, reputation, dignity)
4. Law of patrimony- concern persons and their means
   a) law or things/property: things are classified as moveables or immoveables.
   b) law of succession: concerned with who inherits from a person who dies. If there is no will property will be given away “intestate succession”
   c) law of obligations: an obligation is a legal relationship between two parties where one party has the right against another for performance and the other has the duty to perform. Law of contract, law of delict, unjustified enrichment (no one may be enriched without justification)

Question 6

Other areas of law

Answer 6

1. Mercantile law- both public and private, includes all law relating to commerce
2. Labour law- relationship between employer and employee and all labour legislation
3. Conflict of laws- concerned with which private law system applied if more than one is involved. International conventions between states may be involved.
4. Legal philosophy (jurisprudence)- looks at law from a philosophical perspective. Creates a better understanding of law